Termini e condizioni generali
General Terms and Conditions
Index:
- Article 1 - Definitions
- Article 2 - Identity of Sarah Melbourne
- Article 3 - Applicability
- Article 4 - The Offer
- Article 5 - The Contract
- Article 6 - Right of Withdrawal
- Article 7 - Consumer Obligations During the Reflection Period
- Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- Article 9 - Sarah Melbourne's Obligations in Case of Withdrawal
- Article 10 - Exclusion of the Right of Withdrawal
- Article 11 - The Price
- Article 12 - Execution and Additional Warranty
- Article 13 - Delivery and Execution
- Article 14 - Long-term Contracts: Duration, Cancellation, and Renewal
- Article 15 - Payment
- Article 16 - Complaints System
- Article 17 - Disputes
- Article 18 - Additional or Diverging Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Complementary contract: A contract in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by Sarah Melbourne or a third party under an agreement between Sarah Melbourne and the third party.
- Reflection period: The period during which the consumer can exercise the right of withdrawal;
- Consumer: A natural person who does not act for purposes related to their commercial, business, craft, or professional activity;
- Day: Calendar day;
- Digital content: Data that are produced and provided in digital form;
- Long-term contract: A contract that provides for the regular supply of goods, services, and/or digital content over a specified period;
- Durable data support: Any tool – including email – that allows the consumer or entrepreneur to store information intended for them in a format that allows for future consultation or use, and that allows for the unchanged reproduction of the stored information;
- Right of withdrawal: The consumer's ability to cancel a distance contract during the reflection period;
- Distance contract: A contract concluded between Sarah Melbourne and the consumer within the framework of a system for the distance selling of goods, digital content, and/or services, in which one or more remote communication techniques are used up until the conclusion of the contract;
- Withdrawal form: The European withdrawal form contained in Annex I of these terms and conditions;
- Sarah Melbourne: The legal entity as defined in Article 2, which offers products, digital content (access), and/or services remotely to consumers as described in these general conditions;
- Remote communication technique: A means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
Article 2 - Identity of Sarah Melbourne
Email address: servicesarahmelbourne@outlook.com
Chamber of Commerce registration number: 94814848
VAT number: NL866901280B01
Article 3 - Applicability
These terms and conditions apply to every offer by Sarah Melbourne and every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Sarah Melbourne will indicate before the conclusion of the distance contract how the consumer can view these terms and conditions and that, upon request, they will be sent free of charge.
If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these terms and conditions can be made available to the consumer electronically, in such a way that it can be easily stored on a durable data support.
If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated where the terms and conditions can be consulted electronically and that, upon request by the consumer, they will be sent free of charge, either electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific terms and conditions for the product or service apply, the previous paragraph applies accordingly, and in case of contradiction, the consumer may always refer to the provision that is most favorable to them.
Article 4 - The Offer
If an offer is limited in duration or subject to conditions, this will be explicitly stated in the offer.
The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If Sarah Melbourne uses images, these accurately represent the products, services, and/or digital content offered. Obvious errors or manifest errors in the offer do not bind Sarah Melbourne.
Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer.
Article 5 - The Contract
The contract is concluded, unless provided otherwise in paragraph 4, when the consumer accepts the offer and fulfills the conditions associated with it.
If the consumer accepts the offer electronically, Sarah Melbourne will promptly confirm the receipt of the acceptance electronically. Until this confirmation is received by Sarah Melbourne, the consumer may cancel the contract. After receiving this confirmation, the consumer can no longer cancel or cancel the contract; however, they can exercise the right of withdrawal (Article 6).
If the contract is concluded electronically, Sarah Melbourne takes appropriate technical and organizational measures to ensure the security of the electronic transfer of data and to ensure a secure web environment. If the consumer can make the payment electronically, Sarah Melbourne takes the necessary security measures.
Sarah Melbourne may check, within legal limits, whether the consumer is able to fulfill the payment obligations and whether there are other relevant factors for entering into a responsible distance contract. If Sarah Melbourne has valid reasons not to conclude the contract, it is entitled to refuse the order request or to apply special conditions for execution.
Sarah Melbourne will send the consumer the following information in writing or in such a way that it can be stored on a durable data support, at the latest at the time of delivery of the product, service, or digital content:
- The address of Sarah Melbourne's premises where the consumer can submit complaints;
- The conditions and methods by which the consumer can exercise the right of withdrawal, or the information that the right of withdrawal is excluded;
- Information about warranties and after-sales services;
- The price, including all taxes, of the product, service, or digital content, if applicable, shipping costs, and the methods of payment, delivery, or execution of the distance contract;
- The requirements for canceling the contract if the contract has a duration of more than one year or for an indefinite period;
- If the consumer has the right of withdrawal, the withdrawal form.
In the case of a long-term contract, the previous provision only applies to the first delivery.
Article 6 - Right of Withdrawal
The consumer can cancel the contract related to the purchase of a product within a reflection period of at least 14 (fourteen) days without providing any reason. Sarah Melbourne may ask the consumer to provide a reason, but cannot oblige them to do so.
The reflection period referred to in the first paragraph starts from the day the consumer, or a third party designated by the consumer who is not the courier, receives the product, or:
If the consumer ordered several products in a single order: from the day the consumer, or a third party designated by them, receives the last product. Sarah Melbourne may, provided that it has clearly informed the consumer beforehand, refuse an order of several products with different delivery times.
If the delivery of a product consists of several shipments or parts: from the day the consumer, or a third party designated by them, receives the last shipment or part;
In contracts for the regular supply of products for a specific period: from the day the consumer, or a third party designated by them, receives the first product.
Article 7 - Obligations of the Consumer During the Cooling-Off Period
During the cooling-off period, the consumer agrees to handle the product and packaging with due care. The product can be opened or used only as necessary to establish the nature, characteristics, and functioning of the product. The consumer may inspect and handle the product as they would in a physical store. The consumer is only responsible for depreciation of the product resulting from usage that goes beyond what is necessary to establish its nature, characteristics, and functioning. The consumer is not liable for depreciation of the product if Sarah Melbourne has not provided all mandatory information regarding the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
If the consumer exercises their right of withdrawal, they must notify Sarah Melbourne within the cooling-off period using the withdrawal form or another clear method. The consumer must return the product as soon as possible, but within 14 days of notifying Sarah Melbourne of the withdrawal, or deliver it to Sarah Melbourne or her representative. No return is required if Sarah Melbourne has offered to pick up the product directly. The consumer meets the return deadline if the product is returned before the cooling-off period expires. The consumer must return the product with all accessories provided, if reasonably possible in its original condition and packaging, and according to the clear and reasonable instructions provided by Sarah Melbourne. The risk and proof of the correct and timely exercise of the right of withdrawal are the responsibility of the consumer. The consumer must bear the direct costs of returning the product. If Sarah Melbourne has not informed the consumer that they must bear the return costs or if Sarah Melbourne has indicated that she will bear these costs, the consumer will not be obliged to pay them. The consumer will not incur any costs for the full or partial provision of digital content not delivered on a tangible medium if:
- They have not explicitly agreed to begin the execution of the contract before the cooling-off period expires;
- They have not acknowledged that their right of withdrawal will be lost with their consent;
- Sarah Melbourne has not confirmed this declaration from the consumer. If the consumer exercises the right of withdrawal, any supplementary contracts are considered terminated by law.
Article 9 - Obligations of Sarah Melbourne in the Event of Withdrawal
If Sarah Melbourne allows the consumer to exercise the withdrawal right electronically, she will promptly send an acknowledgment of receipt after receiving the withdrawal notification. Sarah Melbourne will refund all payments made by the consumer, including any delivery charges charged by Sarah Melbourne for the returned product, promptly and within 14 days from the day the consumer notified the withdrawal. Unless Sarah Melbourne offers to pick up the product personally, the refund may be delayed until Sarah Melbourne receives the product or the consumer provides proof of return, whichever comes first. Sarah Melbourne will use the same payment method the consumer used for the refund unless otherwise agreed. The refund will not incur any cost to the consumer. If the consumer has chosen a more expensive delivery method than the standard delivery, Sarah Melbourne will not refund the additional costs arising from the choice of the more expensive delivery method.
Article 10 - Exclusion of the Right of Withdrawal
Sarah Melbourne may exclude the following products and services from the right of withdrawal, but only if she clearly indicates this in the offer, at least in time before the conclusion of the contract:
- Products or services whose price depends on fluctuations in the financial market that are beyond Sarah Melbourne's control and which may occur during the cooling-off period;
- Contracts concluded during a public auction. A public auction is understood to be a sales method where products, digital content, and/or services are offered by Sarah Melbourne to a consumer who is physically present or has the opportunity to be present at the auction, under the guidance of an auctioneer, and where the winning bidder is obligated to collect the products, digital content, and/or services;
- Service contracts, after the full execution of the service, but only if:
- The execution began with the consumer's prior explicit consent; and
- The consumer has declared to lose their right of withdrawal once Sarah Melbourne completes the contract;
- Service contracts for the provision of accommodation if the contract specifies a certain date or period for execution, and not for residential purposes, transportation of goods, car rentals, or catering;
- Contracts related to leisure if the contract specifies a certain date or period for execution;
- Products made to order for the consumer, which are not pre-manufactured and are made according to a consumer's choice or individual decision, or that are clearly intended for a specific person;
- Products that deteriorate quickly or have a limited shelf life;
- Sealed products that cannot be returned for reasons of health protection or hygiene, whose seal has been broken after delivery;
- Products that, after delivery, by their nature, are irrevocably mixed with other products;
- Alcoholic beverages whose price was agreed at the time of the contract, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond Sarah Melbourne's control;
- Audio, video recordings, or computer software in sealed packages, whose seal has been broken after delivery;
- Newspapers, magazines, or periodicals, except for subscriptions;
- The provision of digital content not on a physical medium, but only if:
- The execution began with the consumer's prior explicit consent; and
- The consumer has declared to lose their right of withdrawal.
Article 11 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not increase, except for price changes due to variations in VAT rates. By way of exception to the above, Sarah Melbourne may offer products or services whose price depends on fluctuations in the financial market, which are beyond her control, at variable prices. The dependence on these fluctuations and the fact that the prices may be indicative will be specified in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal provisions. Price increases after 3 months from the conclusion of the contract are only allowed if Sarah Melbourne has foreseen this and:
- They result from legal or regulatory provisions; or
- The consumer has the right to withdraw from the contract from the day the price increase becomes effective.
The prices of products or services stated in the offer include VAT.
Article 12 - Execution of the Contract and Additional Warranty
Sarah Melbourne guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable quality standards and/or suitability for use, and applicable legal and regulatory requirements at the time of the contract conclusion. If agreed, Sarah Melbourne also guarantees that the product is suitable for a use other than normal use.
An additional warranty provided by Sarah Melbourne, her supplier, manufacturer, or importer never limits the legal rights and actions that the consumer can exercise against Sarah Melbourne in case she does not fulfill the contract. An additional warranty is understood to mean any commitment from Sarah Melbourne, her supplier, importer, or manufacturer, which grants the consumer rights or actions that go beyond those legally provided in case of non-fulfillment of the contract by Sarah Melbourne.
Article 13 – Delivery and Execution
Sarah Melbourne will do her best to get your orders sorted and delivered without any drama. The delivery will be to the address you’ve provided. We’ll aim to get your order to you within 30 days, unless we’ve agreed on something different. If there’s a delay or we can’t fully complete your order, we’ll let you know within 30 days. If that happens, you can cancel the agreement with no extra charge, and you’ll get a refund if applicable. After cancellation, we’ll refund any amount you’ve paid straight away. The risk of damage or loss of products stays with us until delivery to you or someone you’ve authorised, unless agreed otherwise.
Article 14 – Fixed-term Agreements: Duration, Termination, and Extension
Termination:
- If you’ve got an agreement for ongoing delivery of products or services, you can end it anytime, as long as you give us a month's notice.
- For a fixed-term agreement involving regular delivery of products or services, you can also end it before it finishes, but again, with a month’s notice.
- You can end these agreements at any time, with the same notice period as we agreed when you signed up.
Extension:
- A fixed-term agreement can’t be automatically extended beyond its original period unless agreed otherwise.
- However, a fixed-term agreement can be extended automatically for up to 3 months, and you can cancel it within that period with a month’s notice.
- A fixed-term agreement can also be automatically extended indefinitely, but you can always cancel with a month’s notice.
Duration:
- If the agreement lasts over a year, you can cancel it any time after the first year, giving a month’s notice, unless there’s a reasonable reason why you can’t.
Article 15 – Payment
Unless we’ve agreed otherwise, you need to pay within 14 days from the start of your cooling-off period or within 14 days after closing the deal, if no cooling-off period applies. For services, the 14 days start the day after you get the confirmation. When buying products, you won’t be asked to pay more than 50% upfront. If an upfront payment is agreed, you can’t claim any rights to the order or service until the upfront payment is made.
If you’re late with your payment, you’ll have to pay the legal interest on the outstanding amount after we’ve reminded you and given you an additional 14 days to pay. If you don’t pay up by then, we have the right to charge for collection fees.
Article 16 – Complaints Procedure
Sarah Melbourne has a well-publicised complaints procedure and will deal with your complaint according to this process. Any complaints about how we’ve handled the agreement should be filed as soon as possible after you discover the issue. We’ll reply to you within 14 days of receiving the complaint. If we need more time, we’ll send you an acknowledgment and let you know when to expect a more detailed response.
Article 17 – Disputes
Any disputes that arise from the agreement between you and Sarah Melbourne, where these terms and conditions apply, will be exclusively governed by Australian law. All disputes related to the agreement and/or these terms and conditions will be settled by the court in the area where Sarah Melbourne is based.
Article 18 – Additional or Deviating Provisions
Any additional or deviating provisions from these terms and conditions must not disadvantage you and should be put in writing, or in a way that you can store and access them easily.